GREELEY -- The defense attorney for a 24-year-old man accused of the execution-style shooting of a Frederick man with whom he had a sexual relationship said on Wednesday that he was enraged after being treated poorly by the man, who called him a "fag" or "faggot."

Draton Mares is on trial on charges of first-degree premeditated murder and aggravated motor vehicle theft in Weld District Court. Attorneys opened the trial Wednesday morning to a jury of 14, which includes two alternates, with each side laying out its case. Prosecutors believe Mares shot and killed Bashline in his bedroom in Frederick after a planned sexual encounter between the two men Nov. 4 soured.

Photo from Thomas Bashline's Facebook page.
(via Facebook)

Defense attorney Justin Reed said his client, indeed, killed Thomas Bashline, but that he did not commit first-degree premeditated murder. The crime, he said, was one of passion that was committed in a fit of rage, falling short of the first-degree murder charge.

"He acted after being highly provoked," Reed said. "Because of that he is not guilty of premeditated first-degree murder."

Reed said Mares, an openly gay man, met Bashline in May 2010 on the no-strings-attached section of the men-seeking-men Craiglist online classified advertising site. The two pursued "an on-again, off-again" sexual relationship that was kept discreet. Reed said Mares knew Bashline was living as a straight man but that he did not know Bashline was in a relationship with a woman.

Bashline worked as an athletic trainer, notably for the Harlem Globetrotters

Reed said that on Nov. 4, 2011, the two arranged to meet, and Bashline picked Mares up and took him to his Frederick home. There Bashline was short with him and disrespectful, called Mares a "fag" and threw him on the bed and said "gimme that a--." The mention of the derogatory word enraged Mares, who had a gun with him from a recent burglary in Boulder. He coaxed Bashline to lie nude on the bed for a massage and Bashline complied, mentioning that Mares was better at massages than "my girl," referring to the committed relationship Mares did not know about.

"That word 'fag,' 'faggot' is like pushing a button on him," Reed told jurors. "To Draton Mares that is a word that often precedes violence and humiliation."

When Bashline was settled on the bed, according to Mares' arrest warrant affidavit, he placed a pillow on the back of his head and shot him.

Reed said Mares was struggling in his life at the time and was depressed and self-destructive. He said his relationship with Bashline was supposed to be fun but that Bashline was cruel during the encounter.

"He caused the death of Thomas Bashline that day, he didn't premeditate any of it," Reed said.

According to an arrest warrant affidavit for Mares, Bashline's girlfriend, Yvette Reyes, discovered his body and noticed that his truck was missing.

She testified on Wednesday that she returned from work in Boulder to find Bashline dead in bed. She frantically called 911 and described blood coming out of his ears and mouth. She wept through much of her testimony.

Prosecutors called law enforcement and first responders through most of the afternoon. They described the scene at the home, initial efforts to revive Bashline, and the discovery of Bashline's truck in Boulder shortly after the shooting.

Witnesses also described the discovery of a bullet wrapped in a bloodied sock found under Bashline's body after he had been pulled from the bed to the floor so first responders could administer CPR. Prosecutors said experts confirmed the bullet was shot from the gun found inside Bashline's truck.

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